H 4383 Session 112 (1997-1998)
H 4383 General Bill, By Cobb-Hunter, Canty, W. McLeod and Moody-Lawrence
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER
105 TO TITLE 59 SO AS TO REQUIRE AN INSTITUTION OF HIGHER LEARNING TO DEVELOP,
PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION AND
AWARENESS OF CAMPUS SEXUAL ASSAULT.
12/17/97 House Prefiled
12/17/97 House Referred to Committee on Education and Public Works
01/13/98 House Introduced and read first time HJ-50
01/13/98 House Referred to Committee on Education and Public
Works HJ-51
02/18/98 House Committee report: Favorable Education and Public
Works HJ-7
02/19/98 House Read second time HJ-12
02/19/98 House Unanimous consent for third reading on next
legislative day HJ-14
02/20/98 House Read third time and sent to Senate HJ-2
02/24/98 Senate Introduced and read first time SJ-9
02/24/98 Senate Referred to Committee on Education SJ-9
COMMITTEE REPORT
February 18, 1998
H. 4383
Introduced by Reps. Cobb-Hunter, Canty, McLeod and
Moody-Lawrence
S. Printed 2/18/98--H.
Read the first time January 13, 1998.
THE COMMITTEE ON EDUCATION AND PUBLIC WORKS
To whom was referred a Bill (H. 4383), to amend the Code of Laws
of South Carolina, 1976, by adding Chapter 105 to Title 59, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
RONALD P. TOWNSEND, for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
ESTIMATED FISCAL IMPACT ON GENERAL FUND
EXPENDITURES IS:
Minimal/Costs Can be Absorbed
The Commission on Higher Education states that a review of public higher
education institutions revealed that programs to address campus sexual
assault are currently in place. A minimal cost to the General Fund of the
State may be incurred in the production of written campus policies and the
reproduction of admissions and employment applications so as to include
language that such policies exist and are available upon request.
Private higher education institutions would absorb any and all cost
associated with the implementation of this legislation.
Approved By:
Frank A. Rainwater
Office of State Budget
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO
REQUIRE AN INSTITUTION OF HIGHER LEARNING TO
DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND
PRACTICES TO PROMOTE PREVENTION AND AWARENESS
OF CAMPUS SEXUAL ASSAULT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 59 of the 1976 Code is amended to read:
"CHAPTER 105
South Carolina Campus Sexual Assault Information
Act
Section 59-105-10. This act is known and may be cited as the
'South Carolina Campus Sexual Assault Information Act'.
Section 59-105-20. As used in this act:
(1) 'Campus' means:
(a) a building or property owned or controlled by an institution
within the same reasonably contiguous geographic area and used by
the institution in direct support of, or in a manner related to, the
institution's educational purposes;
(b) a building or property owned or controlled by a student
organization recognized by the institution including, but not limited
to, fraternity, sorority, and cooperative houses;
(c) a building or property controlled by the institution but
owned by a third party.
(2) 'Campus sexual assault' means a sexual assault that occurs on
campus.
(3) 'Institution of higher learning' or 'institution' means a public
or private two-year or four-year college, community or junior
college, technical school, or university located in this State.
(4) 'Student' means an individual who is enrolled in an institution
of higher learning on a full-time or part-time basis.
Section 59-105-30. The serious nature and consequences of
sexual assault and the particular problems caused by sexual assault
within a campus community prompt the General Assembly to
encourage institutions of higher learning to develop, with input from
students, faculty, and staff, a comprehensive sexual assault policy to
address prevention and awareness of sexual assault and to establish
procedures that address campus sexual assaults. The General
Assembly further encourages institutions of higher learning to make
all reasonable efforts to support a student who is the victim of a
sexual assault in a full report of the sexual assault to appropriate law
enforcement authorities, including institutional and local police, and
to make all reasonable efforts to provide assistance to and to
cooperate with the student as the report is investigated and resolved.
Section 59-105-40. (A) Not later than one hundred twenty days
after the effective date of this act, each institution of higher learning
must establish and implement a written campus sexual assault policy
regarding at least:
(1) the institution's campus sexual assault programs, aimed at
prevention and awareness of sexual assaults; and
(2) the procedures followed by the institution once a sexual
assault occurs and is reported.
(B) The policy described in subsection (A) must address at least all
the following areas:
(1) education programs to promote the prevention and
awareness of sexual assault;
(2) possible sanctions following the final determination of an
institutional disciplinary procedure regarding a sexual assault;
(3) procedures a student follows if a sexual assault occurs,
including the persons to be contacted, the importance of preserving
evidence of the criminal sexual assault, and the authorities to whom
the alleged offense must be reported;
(4) procedures for institutional disciplinary action in cases of
alleged sexual assault, including a clear statement that both the
accuser and the accused:
(i) have the same opportunities to have support persons or
legal counsel, if the institution's policy allows the presence of outside
legal counsel, present during an institutional disciplinary proceeding;
and
(ii) must be informed of the outcome of an institutional
disciplinary proceeding brought alleging a sexual assault.
(5) notification to a student of the right to notify proper law
enforcement authorities, including institutional and local police, and
of the option to be assisted by representatives of the institution in
notifying law enforcement authorities if the student chooses;
(6) notification of a student of existing medical, advocacy,
counseling, mental health, and student services for victims of sexual
assault, both on campus and in the community;
(7) notification of a student of options for, and available
assistance in, changing academic and living situations after an alleged
campus sexual assault, if requested by the victim and if the changes
are reasonably available.
(C) This action does not expand or reduce a private right of action
of a person to enforce the provisions of this act.
(D) Each institution of higher learning must distribute to students,
faculty, and staff the written campus sexual assault policy required by
this chapter by printing the policy in one or more of the institution's
publications made widely available to students, such as the
institution's catalog, student handbook, or staff handbook. Each
institution of higher learning must include on admissions and
employment applications a notification that a copy of the institution's
campus sexual assault policy is available upon request. In addition,
the institution's law enforcement personnel, security personnel, and
counseling center must make the written policy available to a student
who reports being a victim of a sexual assault involving another
student or occurring on campus.
Section 59-105-50. In addition to the publication required by
Section 59-105-40, each institution of higher learning must make
available to all students a description of the jurisdiction, procedures,
and time deadlines of institutional disciplinary proceedings."
SECTION 2. This act takes effect upon approval by the Governor.
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